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2015 (3) TMI 245 - CESTAT MUMBAIWaiver of pre deposit - Differential duty - Penalty u/s 114A - benefit of the notification No. 01/2011-CE dated 01/03/2011 as amended by notification No. 16/2012-CE dated 17/03/2012 - Held that:- goods are manufactured under customs bond and when cleared from the customs bond, custom duty rates are applicable. Notification No. 01/2011-CE dated 01/03/2011 as amended by notification No. 16/2012-CE dated 17/03/2012 prescribed an excise duty rate of 2% adv on the goods subject to the condition that no cenvat credit of duty paid on inputs or input services has been taken under Cenvat Credit Rules, 2004. This condition stipulated in the Notification clearly shows that the rates are prescribed for domestically manufactured products/goods and does not apply to imported goods as the condition cannot be satisfied by the manufacturer abroad. Therefore, the imported goods will not be eligible for the aforesaid exemption. As the goods are manufactured in customs bond are treated on par with the imported goods, the appellants are not eligible for the aforesaid exemption. This Tribunal's decision in the case of Priyesh Chemicals & Metals (2000 (5) TMI 72 - CEGAT, NEW DELHI) supports this view. Accordingly, we are of the considered view that the appellant has not made out a prima facie case for complete waiver of pre-deposit of the dues adjudged against them - Partial stay granted.
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